Judge upbraids mayor and council in Hillside feud

HILLSIDE -- A judge hearing initial arguments in a lawsuit filed by the Hillside council against the township's mayor spoke sternly to both sides today.

"The only losers here, the only ones to suffer, are the good citizens of Hillside, who are putting up with this, who are again caught in the middle of a petty power struggle," said Superior Court Judge Ross Anzaldi in Elizabeth.

This week, the council sued Mayor Joseph Menza, arguing that he illegally hired a business administrator, attorney and auditor without the body's consent. The case also contends that Menza improperly barred township department heads from attending council meetings.

After nearly an hour of arguments yesterday, Anzaldi issued a temporary injunction preventing Menza from restricting township department heads from attending public meetings - an issue the mayor's lawyer told the judge would never happen again.

The judge also ruled that the mayor must show cause at a hearing on Sept. 2 as to why restraints should not be placed on the business administrator, township attorney and auditor he appointed after he took office July 1.

The friction between Menza and the council follows the troubled terms of the township's two previous mayors. His predecessor, Karen McCoy Oliver, disappeared from the mayor's corner office after clashes with the council. And Barbara Rowen resigned midway through her first term in office citing personal attacks by members of the governing body.

In June, Menza won the mayor's office in a runoff election victory of eight votes over former councilman Jerome Jewell Jr. After little more than a month in office, Menza and the legislative body have clashed repeatedly on executive appointments and where the mayor can sit during council meetings.

In today's hearing, the council's lawyers argued temporary restraints were needed on Menza's executive appointments to restore order in the municipal building.

"Nobody knows who's in charge. Nobody knows who has the real, lawful authority to act. Nobody knows who they are supposed to listen to," said Edward Kologi, one of the attorney's representing the council.

Menza was represented in court by Christos Diktas, the township attorney he appointed by executive order, an act the council then refused to recognize. Speaking before Anzaldi, Diktas claimed it was the council who caused the disorder.

"Who's egregious? Who has pulled the shenanigans? It wasn't the mayor's office," said Diktas during Thursday's hearing.

As for the mayor's order curtailing department heads attendance at council meetings, Diktas said municipal employees have every right to be at every meeting.

After the hearing, Menza also acknowledged he had no right to prevent department heads from attending council meetings, but said he still wants to be notified if they plan to attend.

"It's respectful," said Menza. "That's what it's all about."

After ordering the mayor and the council back to court in September, the judge said, "The business of government has to go on. Apparently, only if we agree to one side or another will it be allowed to go on."